Published on 6/28/2026
The Court of Justice of the Economic Community of West African States (ECOWAS) ruled that the constitutional amendment approved by the National Assembly in Togo on March 25, 2024 constitutes an “unconstitutional change of government” within the meaning of the African Charter on Democracy, Elections and Governance, in a ruling issued on January 29 and published recently, sparking widespread reactions in the country.
The court considered that the context, content, and expected effects of the amendment reveal an intention to circumvent the limit on the number of presidential terms stipulated in the previous constitution, and noted that the amendment was approved after the end of the mandate of the National Assembly, which conducted it on December 31, 2023, and that it was voted on without prior national consultation and prior to legislative elections.
The amendment established the Fifth Republic and transformed Togo from a semi-presidential system to a parliamentary system, as the President of the Republic was no longer elected by direct universal suffrage but by members of Parliament, with most of the executive power concentrated in the hands of the Prime Minister, who must be the leader of the majority party. This position is held by Faure Gnassingbé, who has been ruling Togo since 2005, succeeding his father, Gnassingbé Eyadema, according to the “Benin Web TV” and “Africanews” websites.
Limited scope of judgment
The Benin Web TV website (a website published from the State of Benin concerned with African affairs) explained that the ruling does not have an immediate binding legal effect on the contested amendment, as the court did not cancel the May 2024 constitution and did not impose sanctions on the authorities in Togo, and merely called on them to ensure that any future constitutional amendments are consistent with their international obligations. African News confirmed that the decision is not legally binding, but it provides the opposition with new legal arguments.
The court also rejected one of the main demands of the plaintiffs regarding the violation of citizens’ right to direct participation in public affairs, noting that the legislative elections that took place on April 29, 2025, involved more than two million registered voters, and without concrete evidence that citizens were prevented from voting or running for office, according to the same source.
The lawsuit was filed on April 18, 2024, by the Togolese League for Human Rights and 12 other plaintiffs, including opposition parties such as the National Alliance for Change led by Jean-Pierre Fabre, the Alliance of Democrats for Integrated Development, and the Democratic Forces for the Republic, in addition to human rights associations. The ruling was issued by a panel of 3 judges.
Welcoming the opposition and silence blaming me
The parties and human rights organizations that filed the lawsuit welcomed the decision. The National Alliance for Change described the ruling as “a harsh political, legal and moral rebuke to the ruling authority in Togo,” and called for a “political transition” with the aim of “reestablishing the foundations of the republic.” It also called on Togo’s international partners to take the ruling into account in their relations with Lomé, according to Benin Web TV.
The source added that the Togolese government in the capital, Lomé, had not responded publicly to the ruling until the moment the news was prepared, and that the jurisprudence of the ECOWAS Court of Justice regarding constitutional amendments remains generally cautious, and that the ruling in the Togolese case represents a rare application of Article 23 of the Charter to a constitutional amendment voted on by Parliament.
The Gnassingbé family has ruled Togo since 1967, and Faure Gnassingbé assumed the presidency in 2005 after the death of his father, and was re-elected in 2010, 2015, and 2020.
